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#191
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Insane Legal System - was SR22 Crash
"Jose" wrote in message t... Well, that depends on whether you in fact -are- an idiot, or merely unfortunate. If "much hotter than usual" means "death instead of mild pain", then McD has some culpability. How much culpability does McDonalds have if the coffee is "not at all hotter than usual"? |
#192
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Insane Legal System - was SR22 Crash
"Jose" wrote in message . .. The standard is a reasonable person, not a paranoid person. Should I treat a baby bottle as if it were filled with poison (because it =could= be?) Another bad analogy. A reasonable person does not expect a baby bottle to be filled with poison. A reasonable person expects coffee to be served at 180 degrees or higher. |
#193
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Insane Legal System - was SR22 Crash
"Steven P. McNicoll" wrote:
"Jose" wrote in message t... Well, that depends on whether you in fact -are- an idiot, or merely unfortunate. If "much hotter than usual" means "death instead of mild pain", then McD has some culpability. How much culpability does McDonalds have if the coffee is "not at all hotter than usual"? Changing that variable doesn't appear to affect culpability in this case. Here's why I think that: It appears that if you sell a product that any reasonable seller would know (or learned) causes great bodily harm in common circumstances (such as easily spilled drinks) and did nothing to improve the product's safety, then it appears that the U.S. legal system says you (the seller) share some culpability. In other words, it appears the courts apply a "reasonable person" standard to both sides of a dispute. They seem to have found that it was not reasonable for McD to continue to follow the "National Coffee Association" advice in light of hundreds of other previous complaints. By the time of this incident McD should have known there was a safety issue and could correct the problem by lowering the serving temperature. That's the way I read the decision. Getting back to aviation: there does not appear to be any evidence that a failure of the SR22 caused the crash in question. |
#194
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Insane Legal System - was SR22 Crash
Steven P. McNicoll wrote:
"Jose" wrote in message t... Well, that depends on whether you in fact -are- an idiot, or merely unfortunate. If "much hotter than usual" means "death instead of mild pain", then McD has some culpability. How much culpability does McDonalds have if the coffee is "not at all hotter than usual"? And what is usual? Matt |
#195
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Insane Legal System - was SR22 Crash
In article ,
Matt Whiting wrote: How much culpability does McDonalds have if the coffee is "not at all hotter than usual"? And what is usual? How long does it take to establish something as "usual"? -- Bob Noel (gave up lookingn for a particular sig the lawyer will) |
#196
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Insane Legal System - was SR22 Crash
"Jose" wrote in message . .. Fine, that's just a matter of degree. I've never seen an advertisemnt for "scalding hot" coffee either. There are degrees of temperature. That would be superfluous, as "hot coffee" is properly served at temperatures which can scald. |
#197
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Insane Legal System - was SR22 Crash
"Jose" wrote in message . .. Yes. But I would not assume that the burns would be so severe that I would be in the hospital six months later. Why not? |
#198
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Insane Legal System - was SR22 Crash
How much culpability does McDonalds have if the coffee is "not at all hotter
than usual"? IMHO, nearly none. Close enough to none to warrant tossing the case out. But in that case... 1: Either coffee would normally served at a temperature which would cause extensive third degree burns if spilled, and people would normally (and justifiably) treat it with much more respect than they do presently, or 2: Coffee would be served at McDonalds at the cooler temperature that most people are in fact accustomed to, and the injuries sustained by the plaintiff would not have been sufficient or unexpected enough for her to bring suit in the first place. Jose -- Humans are pack animals. Above all things, they have a deep need to follow something, be it a leader, a creed, or a mob. Whosoever fully understands this holds the world in his hands. for Email, make the obvious change in the address. |
#199
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Insane Legal System - was SR22 Crash
A reasonable person expects coffee to be served at
180 degrees or higher. That is where we disagree with each other, where you disagree with the jury, and where it appears you disagree with many (most?) posters here. Jose -- Humans are pack animals. Above all things, they have a deep need to follow something, be it a leader, a creed, or a mob. Whosoever fully understands this holds the world in his hands. for Email, make the obvious change in the address. |
#200
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Insane Legal System - was SR22 Crash
On Wed, 21 Mar 2007 14:46:52 GMT, Jose
wrote: A reasonable person expects coffee to be served at 180 degrees or higher. That is where we disagree with each other, where you disagree with the jury, and where it appears you disagree with many (most?) posters here. I agree with him. When I purchase coffee I expect it to be *hot*. Hot enough that I can carry it to the care, get under way and not have to worry about the stuff being cold before it's half gone. I also expect to find it hot enough that I have to treat it cautiously until if comes down to drinking temperature. Yes, I also disagree with the Jury. I would not have found in favor of some one who did not know how to handle coffee. OTOH I quite drinking coffee over 6 years ago. the stuff isn't good for you. Jose Roger Halstead (K8RI & ARRL life member) (N833R, S# CD-2 Worlds oldest Debonair) www.rogerhalstead.com |
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